@EOGran wrote:
Those documents have been filed. I believe his W2 lists his gross income from Louisiana. His employer refuses to amend W2s for many employees caught in this going back to 2020.
There's no "getting caught" here. If the employer made a mistake and listed Louisiana income (box 16) or Louisiana withholding (box 17), the employee should file a Louisiana non-resident tax return, declare zero in-state taxable income, owe no tax, and ask for a full refund of all tax withheld. If the state wants to challenge that (audit) they have a perfect right to do so, and the taxpayer responds with whatever proof the state will accept to show they lived out of state and did not have in-state taxable income.
This happens all the time, and is not unusual or uncommon. The state presumes the income is taxable, you have to show otherwise.
